Roberts v R [2012] NSWCCA 232

Roberts v R [2012] NSWCCA 232

It was open to the sentencing judge to assess the offence as at least in the middle range of seriousness because the applicant, during a domestic argument, possessed a tomahawk, refused to leave, prevented the victim from leaving, punched her, and held the blade to her throat while subject to an ADVO. The sentencing judge did not misuse the applicant's criminal history or breaches of conditional liberty in assessing objective seriousness, and the 4 year starting point and resulting sentence were not manifestly excessive given the seriousness of the offending, the Form 1 matters, the domestic violence history, the need for deterrence, the applicant's criminal history, and the breach of...

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused.
Legal Topics
['remaining in a Building With Intent to Commit an Indictable Offence' 'objective Seriousness' 'manifest Excess' 'guilty Plea Discount' 'form 1 Offences' 'apprehended Domestic Violence Order' 'specific and General Deterrence']
['criminal Law' 'sentencing' 'domestic Violence'] ['remaining in a Building With Intent to Commit an Indictable Offence' 'objective Seriousness' 'manifest Excess' 'guilty Plea Discount' 'form 1 Offences' 'apprehended Domestic Violence Order' 'specific and General Deterrence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the offence was at least in the middle of any scale of seriousness.' 'Whether the notional starting point of 4 years imprisonment was manifestly excessive.' "Whether the sentencing judge erroneously had regard to the applicant's criminal history and breach of conditional liberty when assessing the seriousness of the offence."]

Ratio Decidendi

It was open to the sentencing judge to assess the offence as at least in the middle range of seriousness because the applicant, during a domestic argument, possessed a tomahawk, refused to leave, prevented the victim from leaving, punched her, and held the blade to her throat while subject to an ADVO. The sentencing judge did not misuse the applicant's criminal history or breaches of conditional liberty in assessing objective seriousness, and the 4 year starting point and resulting sentence were not manifestly excessive given the seriousness of the offending, the Form 1 matters, the domestic violence history, the need for deterrence, the applicant's criminal history, and the breach of...

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']